NANCY J. KOPPE, Magistrate Judge.
Pending before the Court is the order for Plaintiff to show cause why he should not be sanctioned up to and including dismissal of his claims, pursuant to Federal Rule of Civil Procedure, Rule 16(f) and Local Rule IA 4-1. Docket No. 26. The order to show cause was issued on July 30, 2014, and the response was due no later than August 8, 2014. See id. No such response was filed. For the reasons discussed more fully below, the undersigned hereby
On June 25, 2014, the Court scheduled a hearing on Plaintiff's counsel's motion to withdraw as attorney of record for July 29, 2014. See Docket No. 19. The order stated in relevant part that: "Plaintiff Steven Torok and his withdrawing counsel are required to attend the hearing.
In addition to the above, at the hearing held on July 29, 2014, the Court ordered, inter alia, that Plaintiff must file either a notice of retention of new counsel or a notice of his intent to proceed pro se. See Docket No. 24; see also Docket No. 25 (proof of service). Plaintiff was required to file such notice no later than August 28, 2014. See Docket No. 24. In violation of that order, Plaintiff failed to file either notice.
As discussed in the previous section, Plaintiff has (1) disobeyed the Court's order that he appear at the hearing scheduled for July 29, 2014 (Docket No. 19); (2) disobeyed the Court's order to show cause by not responding (Docket No. 26); and (3) disobeyed the Court's order to file either a notice of retention of new counsel or of his intent to proceed pro se by not filing either notice (Docket No. 24). The willful failure of Plaintiff to comply with the Court's orders is an abusive litigation practice that has interfered with the Court's ability to hear this case, delayed litigation, disrupted the Court's timely management of its docket, wasted judicial resources, and threatened the integrity of the Court's orders and the orderly administration of justice. Sanctions less drastic than dismissal are unavailable because Plaintiff has wilfully refused to comply with multiple court orders despite the warning that dismissal may result. See Docket No. 26.
Accordingly,
Pursuant to Local Rule IB 3-2 any objection to this Report and Recommendation must be in writing and filed with the Clerk of the Court within (14) days after service of this Notice. The Supreme Court has held that the courts of appeal may determine that an appeal has been waived due to the failure to file objections within the specified time. Thomas v. Arn, 474 U.S. 140, 142 (1985), reh'g denied, 474 U.S. 1111 (1986). This Circuit has also held that (1) failure to file objections within the specified time and (2) failure to properly address and brief the objectionable issues waives the right to appeal the District Court's order and/or appeal factual issues from the order of the District Court. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).